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Employers who are subject to the laws described above should do everything in their power to comply with the federal government's requirements.  Employers who do not comply with the Drug Free Workplace Act or the Omnibus Transportation Employee Testing Act may be subject to severe financial penalties and liable for related injuries and damages.

 

At the same time, it is imperative for employers to ensure that they do not create drug free workplace policies or drug testing programs that infringe on the baasic rights and civil liberties of their employees.  For employers contemplating drug testing, legal counsel is advisable because lawsuits have been filed against employers for invasion of privacy, wrongful discharge, defamation, and discrimination.  The best way to avoid getting drawn into litigation, aside from securing legal counsel, is to make sure that all your policies are implemented fairly and consistently: in a manner that does not conflict with any federal, state, or local civil rights or workers' rights laws.